KAILASH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Kailash son of Makkhu Jatav has filed this appeal being aggrieved by judgment dated 21.10.2008 passed in Sessions Trial No.147/2006 by the Court of Additional Sessions Judge, Karera, Distt. Shivpuri, whereby learned Additional Sessions Judge has convicted the appellant under Section 302 of IPC and has awarded sentence of life imprisonment and fine of Rs.500/- and in case of default in payment of fine, further RI of two months has been awarded.

(2.) It has come on record that appellant/accused was in jail w.e.f. 23.6.2006 till 21.10.2008 and thereafter he is still in jail.

(3.) Prosecution story in short is that on 13.1.2006 Hariram, uncle of deceased Jahar Singh, has reported to police center, Karera, that his nephew Jahar Singh, aged about 9 years, is missing since 3 pm and at about 5 pm, Makku, father of the accused, handed over bicycle to Hariram informing him that such bicycle of Jahar Singh was kept by the side of his Well on the road and since he could identify it to be bicycle of Hariram, therefore, he is returning the same. When Hariram asked that Jahar Singh had taken bicycle and where is Jahar Singh, then Makku informed that he is not aware about whereabouts of Jahar Singh. Thereafter, Patiram, father of the deceased, searched for Jahar Singh and later on asked Ramratan to get down in the Well of Makku where they found dead-body of Jahar Singh. Merg Intimation (Ex.P/1) was recorded on 13.1.2006. Deadbody was recovered. It was sent for postmortem and as per postmortem report (Ex.P/8), drowning was ante-mortem and cause of death was asphyxia because of drowning. The duration of death from the time of postmortem, which was conducted on 14.1.2006 at 10 am, was reported to be within 12-24 hours. This postmortem was conducted by Dr. Amitraj Verma (PW-6).